Verdicts & Settlements (front page), December 12, 1997
Construction defect experts provide lists of failures in preparation
for litigation, and counsel must verify reports for
By Michael Solender
In law Practice,
attorneys occasionally transmit documents that are incomplete or incorrect. In
construction defects cases, where experts are employed to prepare lists of
defects with costs of remediation, submission of incorrect or incomplete
information may preclude later submission of revised documents. This can cut
funding for remediation.
of defects and their causes is subject to interpretation by inspectors or
experts, but the central question is whether the alleged defect results from
Inadequate blueprint or specification details, poor workmanship, defective
materials, deviation from manufacturers installation recornmendations, or
the source is identified, the next step is designing a remediation plan to
support a cost breakdown for repair.
The four elements of
costing repair are:
* What's the problem?
* Is it a construction
* What is the best method of remediation?
How frequently does the defect occur?
investigating defects, hidden problems sometimes go undetected.
When calculating the frequency of a defect's
occurrence, it is proper to examine all areas where problems have
been reported by non‑professionals to exist. To extrapolate for
statistical accuracy, all samples must be randomly selected.
rely on experts to compile accurate and complete defects lists, and expert work
product overseen by a third party ensures accuracy. Counsel should question
experts to verify reports for accuracy so that the data interpretation can
withstand critical scrutiny.
must also examine the credentials of all construction defects experts for
practical field experience as well as academic training.
experienced expert is a costly commodity. Should an expert lack the necessary
experience, it can be costly.
- THE CONSTRUCTION-EXPERT INDUSTRY: NEW DEVELOPMENTS
- CONSTRUCTION EXPERT CAN BUILD, OR DESTROY, A CASE
- EXPERTS CAN RESOLVE THE CONSTRUCTION CONUNDRUM
Standard Construction Seldom Is Really Standard
- IN CONSTRUCTION CASES, BEWARE THE HIRED GUN
- THE COMPOUND CONSEQUENCE OF ONE
DISCERNABLE LEAK INTO THE BUILDING ENVELOPE
- THE PANDORA'S BOX OF WATER INTRUSION LITIGATION
- CONSTRUCTION DEFECTS:
How To Avoid the 'Big Hit' And Costly Litigation
- BUILDING A REMEDY
- WATER TORTURE
- THE WATCHER
A third party may be helpful in
monitoring the expert when figuring
the cost of repairs
A general contractor should have knowledge in related
construction areas to be effective as an expert witness
- EXPERT EASE
OPINION: Construction defect experts
provide lists of failures in
for litigation, and counsel must verify reports for accuracy
- MAKE READY
Properly prepared expert witnesses will save both time and money.
- ON THE WATCH
- THE NUMBERS